maidat sued vs moses paulo others 2019 tzhc 285 11 january 2019
The 2nd Respondent proved on the balance of probabilities through consistent witness testimony that the land was given to her by the late Sued Ferooz before his death, thus it is not part of his estate and she had the right to dispose of it.
- Citation
- maidat sued vs moses paulo others 2019 tzhc 285 11 january 2019
- Parties
- Appellant: Mai Dat Sued; Respondent: Moses Paulo; Respondent: Anati Adamu; Respondent: Mudiri Badru
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 11 January 2019
- Procedural Posture
- Land Case Appeal / Judgment
- Outcome
- appeal dismissed with costs
- Legal Topics
- Land Ownership, Inheritance, Burden of Proof
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Mai Dat Sued
Appellant
Moses Paulo
Respondent
Anati Adamu
Respondent
Mudiri Badru
Respondent
Procedural Posture
Land Case Appeal / Judgment
Legal Issues
- 1 Whether the land in dispute was lawfully given to the 2nd Respondent by the late Sued Ferooz
- 2 Whether the land forms part of the estate of the late Sued Ferooz for inheritance
- 3 Whether the District Land and Housing Tribunal erred in its findings regarding marriage and family relationships
Ratio Decidendi
The 2nd Respondent proved on the balance of probabilities through consistent witness testimony that the land was given to her by the late Sued Ferooz before his death, thus it is not part of his estate and she had the right to dispose of it.
Court Disposition
appeal dismissed with costs
Orders
- Appeal dismissed with costs
- Right of appeal explained
Full Case Text
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